Strategizing Multinational Tax Risks

The Dutch Finance Secretary published a new transfer pricing (TP) decree, generally in alignment with OECD’s 2017 guidelines, with some caveats.

Observations:

• The 2017 OECD changes were clarifying in nature, thus the guidelines apply to prior years
• Aligned with OECD concept of (non) recognition of controlled transactions
• The OECD Guidelines refer to the development, enhancement, maintenance, protection and exploitation (DEMPE) functions, although the development and enhancement functions will receive a higher rating
• New guidance on a purchase of shares, followed by a restructuring
• Public database results for economic analyses will be subject to further review
• Simplified approach of cost + 5% is adopted for intra-group services

As some of the above concepts will be reviewed, and adopted, by other countries the new decree is a must read for TP professionals.

EY’s referenced Global Tax Alert provides additional details.

Click to access 2018G_02953-181Gbl_TP_Netherlands%20arms-length%20principle%20and%20OECD%20guidelines.pdf